SATHI VIJAY KUMAR versus TOTA SINGH AND ORS.

SATHI VIJAY KUMAR versus TOTA SINGH AND ORS.

Non-joinder of the substitute candidate whose nomination paper stood rejected after withdrawal by main candidate was of no consequence and not fatal to the election petition; striking out pleadings in election petitions is permitted under Order VI Rule 16 CPC by virtue of Section 87 of the Act but is an extraordinary power to be used sparingly; pleadings which state material facts and give particulars, such as lists of wrongly deleted electors, cannot be struck out as vague or incomplete; allegations of corrupt practice by the candidate himself in securing assistance of a gazetted officer are covered under Section 123(7) and need not plead candidate's consent; rejection of postal ballots...

Parties
Appellant: Sathi Vijay Kumar; First Respondent: Tota Singh; Substitute Candidate/respondent (not Joined as Party): Brijinder Singh; Other Respondents: Others
Jurisdiction
India
Judgment Date
08 December 2006
Procedural Posture
Civil Appeal / Appeal From Interim Order of High Court of Punjab and Haryana in E.p. No. 13/2002
Outcome
Appeal partly allowed; certain paragraphs reinstated; other orders upheld; costs imposed.
Legal Topics
Necessary Parties, Striking Out Pleadings, Corrupt Practice, Election Petition Procedures
Election Law Necessary Parties Striking Out Pleadings Corrupt Practice Election Petition Procedures

Case Brief

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Parties

Sathi Vijay Kumar

Appellant

Tota Singh

First Respondent

Brijinder Singh

Substitute Candidate/respondent (not Joined as Party)

Others

Other Respondents

Procedural Posture

Civil Appeal / Appeal From Interim Order of High Court of Punjab and Haryana in E.p. No. 13/2002

Legal Issues

  1. 1 Whether non-joinder of the substitute candidate was fatal to the election petition
  2. 2 Whether striking out of certain pleadings by the High Court was justified under law
  3. 3 Scope of striking out pleadings in election petitions under the Representation of People Act, 1951 and Code of Civil Procedure, 1908

Ratio Decidendi

Non-joinder of the substitute candidate whose nomination paper stood rejected after withdrawal by main candidate was of no consequence and not fatal to the election petition; striking out pleadings in election petitions is permitted under Order VI Rule 16 CPC by virtue of Section 87 of the Act but is an extraordinary power to be used sparingly; pleadings which state material facts and give particulars, such as lists of wrongly deleted electors, cannot be struck out as vague or incomplete; allegations of corrupt practice by the candidate himself in securing assistance of a gazetted officer are covered under Section 123(7) and need not plead candidate's consent; rejection of postal ballots...

Court Disposition

Appeal partly allowed; certain paragraphs reinstated; other orders upheld; costs imposed.

Orders

  • Order of High Court striking out paragraphs 11, 12 and 13(a) of Election Petition No. 13 of 2004 set aside; those paragraphs reinstated.
  • Order striking out paragraph 17 of the petition confirmed.